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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 7023
Experience:  Barrister at law
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Can a wife claim 50% at divorce settlement although there is

Customer Question

Can a wife claim 50% at divorce settlement although there is a child trust there
JA: What steps have been taken? Have any papers been filed in family court?
Customer: No I'm just about to start proceedings
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Ceredigion
JA: Anything else you want the Lawyer to know before I connect you?
Customer: If only one person pays all Bill's can the other still claim 50%
Submitted: 12 days ago.
Category: Law
Expert:  plclegal replied 12 days ago.

Hello, my name is ***** ***** I’ll do my best to assist you today and I’m sorry that you are going through this.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

I'm reviewing your question and will revert back to you shortly. Please do not wait on line for a response, you will receive an email notification from JustAnswer to tell you that I have sent a reply.

Expert:  plclegal replied 12 days ago.

In terms of the martial assets, a child trust fund should not form part of the joint assets - it is for the benefit of the child. So this should be excluded form the marital pot.

However, in regards ***** ***** equal share of the assets, it does not matter who has contributed towards the bills/ mortgage for example, there is still a presumption f a starting point of a 50/50 split. There's no requirement for spouses to contribute equally.

Here are some further general pointers on joint assets:

1. With property purchased prior to marriage or assets acquired prior to marriage, the starting point is that these are EXCLUDED from the joint asset pot.

2. With property or assets acquired after the date of marriage, the starting point as that this is INCLUDED in the joint asset pot.

3. It does not matter who contributed what during the marriage, all assets acquired after the date of marriage are considered to be jointly owned regardless of who paid what. This means one party will still own half of the asset purchased after the date of marriage even if the other party paid for it all.

4. Claims on pensions should be limited to a share of the amount accrued in the fund during the length of the marriage, with marriages that are relatively short, but with a longer marriage pensions are more often shared.

5. If you both work now, there should not be claim for maintenance. In the case where one spouse earns significantly more than the other maintenance could be an issue.

6. The court can depart from the general principles if it is deemed fair to do so and the needs of the parties dictate that it is necessary to do so.

I hope that this assists.

Hopefully, I have answered your query in a way that is simple and easy to understand. If you have specific questions arising from my response, let me know and I’ll happily clarify for you.

In the meantime, thank you once again for using our services.

Please be aware that my answer is based strictly upon the information you have given me and is provided by way of general advice.

If you still need any points clarifying, I will be happy to reply because the thread remains open for you.

I am always happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the thread.

Thank you for your trust in our service.

Best wishes,

Peter

Expert:  plclegal replied 11 days ago.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter